ORDER
Paul Buckbee entered a conditional guilty plea pursuant to a plea agreement to possession with intent to manufacture marijuana. 21 U.S .C. § 841(a)(1). As part of the plea agreement, Buckbee agreed to forfeit 50% of the net proceeds from the sale of his real property used to facilitate the manufacture of marijuana. 21 U.S.C. § 853. Buckbee filed a notice of appeal, but his counsel seeks to withdraw under Anders v. California,
Counsel initially considers whether Buckbee could challenge the denial of his motion to suppress evidence seized during a search of his property. We agree with counsel that such a challenge would be frivolous. Although Buckbee entered a conditional guilty plea, reserving in writing the right to challenge the denial of his motion to suppress, he never submitted to the district court any objections to the magistrate judge’s report recommending denial of that motion. Accordingly, Buck-bee has waived his right to appellate review. See United States v. Dexter,
Counsel next considers whether Buckbee could challenge the denial of his motion for pretrial release. Counsel correctly concludes that such a challenge would be frivolous. Any claim to pretrial release became moot once Buckbee pleaded guilty. Murphy v. Hunt,
Counsel lastly considers whether the forfeiture could be challenged under the Excessive Fines Clause of the Eighth Amendment or the Double Jeopardy Clause of the Fifth Amendment. Counsel properly identifies as frivolous these potential challenges. First, Buckbee waived any excessive fines claim by agreeing to forfeit 50% of the net proceeds from the sale of his property. Cf. United States v. Robinson,
Counsel correctly identifies as frivolous all possible grounds for appeal. Accord
